TO COMPLAIN OR NOT TO COMPLAIN: STILL THE QUESTION ...

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To complain or not to complain: still the question 35 misconduct is perceived as an offense by many of those who have been reached by PSEA messages. For some refugees, raising their awareness about sexual exploitation and abuse has been a catalyst for discussion about social norms and about sexual exploitation and abuse within communities where it exists but is not perpetrated by humanitarian staff. Although messages about sexual exploitation and abuse appear to have reached the top layers of refugee society in Kakuma (refugee NGO workers, community leaders), many are still uninformed and at risk. Others view sexual exploitation and abuse as an “exchange” driven by vulnerability and need. There is variable risk for sexual exploitation and abuse depending on economic self-sufficiency of individuals, and huge inequities exist between different refugee groups (“haves and have nots” 44 ). Although most BBC participants agree that sexual exploitation and abuse is an ongoing concern, actual complaints are rare and investigations even rarer. Investigation outcomes are not known in the refugee community. Beneficiaries do not yet have a clear sense that sexual exploitation and abuse offenses will result in consequences for those humanitarian aid workers who are found to be perpetrators. Broadly, there are four different channels for reporting sexual exploitation and abuse. 45 These are: 1) social service NGO refugee staff within communities; 46 2) community leaders; 3) the police; and 4) the NGO which employs the alleged perpetrator. There is a tension between the refugee community leadership and the humanitarian community around reporting sexual exploitation and abuse cases. Refugee community leaders who want to resolve their communities’ problems do not wish for problems to be resolved elsewhere. Local structures deal with cases at a community level and usually involve a monetary settlement or other arrangement. Community leaders take a percentage of the compensation so it is in their interest to settle issues in the community and to be personally involved. Police are the end point for the most egregious cases of sexual exploitation and abuse and beneficiaries clearly implied that going to the police is a last resort. Beneficiaries perceive that perpetrators who have been arrested have the opportunity to pay a fine and run, leaving the victim wondering when the perpetrator will return to retaliate. Requests were made for perpetrators of SGBV/sexual exploitation and abuse not to be released by the police on bond and for more women to be hired for the courts and police force. It seemed that these suggestions may have been relegated to a “wish list” awaiting action. Unsatisfactory police responses to reported sexual exploitation and abuse over the last few years have demotivated potential complainants. There appears to be very little awareness that an NGO led administrative investigation into sexual exploitation and abuse misconduct is a reporting option. Although beneficiaries listed many possibilities for reporting sexual exploitation and abuse by humanitarian workers, few said they themselves would report. Most are afraid to complain fearing harm for themselves or their families. Without additional assurances of victim safety and security, possible complainants will continue to not come forward. Many community leaders who were empowered with sexual exploitation and abuse information are in the process of being resettled or repatriated. Spontaneous new arrivals from Somalia and Sudan (Darfur Region) have increased, highlighting the need to re-energise PSEA activities in the camp to reach those who have no information about sexual exploitation and abuse prevention and response. Kenya was selected for the beneficiary based consultation because it is perceived as a model of prevention of sexual exploitation and abuse collaboration; collaborative cross-agency PSEA efforts there are currently unparalleled anywhere in the world. Huge progress has been made in three years, but it is only a beginning. However, a number of community leaders 44 This includes those who have or do not have access to information! 45 Complaints boxes might one day be a fi fth option. At present they are not often used and certainly not for reporting sexual exploitation and abuse. 46 Specifi cally women’s support group members, LWF Gender Unit staff or human rights focal points.
36 HAP Humanitarian Accountability Parthership and refugees working for NGOs expressed their perception that the PSEA programme has wrapped up and is “over.” This perception appears to be a self-fulfilling prophecy and is endangering future momentum. Is PSEA over? Previously there were monthly PSEA Kenya programme meetings in both Kakuma and Nairobi to share sexual exploitation and abuse information. Now there is a sense that each NGO and UNHCR is on its own. As one humanitarian staff member summed it up, “We are all in this alone.” Inter-agency investigations are not common. A number of NGOs appear reluctant to call on UNHCR field staff or other NGO staff who are trained in investigations for assistance. Despite the foundation laid for joint investigations by Kenya Code of Conduct protocols, agencies do their own investigations according to their own policies, procedures and human resources available within their agency and whether or not to investigate appears to have devolved back to the discretion of the individual programme or country managers. SGBV and sexual exploitation and abuse are related but not the same At camp level, sexual and gender based violence coordination meetings include trends analysis and information sharing. However, SGBV cases are not confidential. Sexual exploitation and abuse cases are on a different track since reporting details and investigations are confidential. Although the SGBV forum is currently the only remaining opportunity to share information on sexual exploitation and abuse cases, it may not be a good fit. Beneficiaries’ perceptions of response to domestic violence cases has likely influenced their view that if they complain about sexual exploitation and abuse, nothing will happen. As a result, they feel there is nothing to be gained from complaining. This highlights why there is a need for clearer and specific channels for sexual exploitation and abuse reporting. With global efforts to mainstream SGBV across all operational humanitarian programs, now is a critical time to review how and whether sexual exploitation and abuse reporting and follow-up fits into existing SGBV mechanisms. Otherwise, sexual exploitation and abuse responses may be diminished, lost or undermined. Recommendations for humanitarian organisations providing services to refugees in Kenya: • Revise job descriptions for camp security and re-tender the contracts in order to remove those who are using their security position for power over fellow refugees. • More closely monitor job performance of all staff (incentive, national and international). Independent and other consultants should also sign the Code of Conduct or be held to the same standards of conduct regardless of the duration of their presence in Kakuma/ Dadaab. • As part of mainstreaming, educate refugees about the different processes and outcomes of an administrative investigation into sexual exploitation or abuse misconduct versus a police investigation. 47 Develop clear information dissemination mechanisms. This education should be a rigorous process to target all in the community and not restricted to community leaders (according to beneficiary perceptions, education is not being passed along by all leaders to their communities). • Improve efforts at all levels (donors, aid agencies and the Government of Kenya) to consult with beneficiaries in creating complaints mechanisms. • Renew efforts to educate aid recipients about complaints mechanisms. 47 FilmAid International fi lms addressing this could be one way of helping refugees to understand the different complaints avenues open to them and assist in making an informed choice between options.
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